Gabriel Aubry, who was arrested after a Thanksgiving confrontation at Halle Berry's house.Aubry released photos of himself with a black eye and cuts to his face.Actress Halle Berry and model Gabriel Aubry pose as they arrive at the 2009 Vanity Fair Oscar Party in West Hollywood, California, in this February 22, 2009 file photo. The father of Halle Berry's daughter is headed to court after he was arrested following a fistfight with her fiance outside the Oscar winning actress' Los Angeles home on Thanksgiving, police said. Aubry, 37, was later released on $20,000 bail after being charged with misdemeanor battery following the punch-up with Berry's fiance, French actor Olivier Martinez, 46, in the driveway of her house on Thursday. REUTERS/Danny Moloshok/Files (UNITED STATES - Tags: ENTERTAINMENT LAW)Left: Halle Berry pictured with her ex-boyfriend, Gabriel Aubry. Right: Berry with her current fiance, French actor Olivier Martinez.FILE - NOVEMBER 22: Gabriel Aubry was arrested after a fight with Olivier Martinez at Halle Berry's home Thanksgiving day. LOS ANGELES, CA - OCTOBER 24: Actress Halle Berry (R) and actor Olivier Martinez arrive at the premiere of Warner Bros. Pictures' "Cloud Atlas" at the Chinese Theatre on October 24, 2012 in Los Angeles, California. (Photo by Kevin Winter/Getty Images)FILE - NOVEMBER 22: Gabriel Aubry was arrested after a fight with Olivier Martinez at Halle Berry's home Thanksgiving day. BEVERLY HILLS, CA - MAY 10: Actor Olivier Martinez arrives at Treats! Magazine Spring Issue Party on May 10, 2012 in Beverly Hills, California. (Photo by Valerie Macon/Getty Images)FILE - NOVEMBER 22: Gabriel Aubry was arrested after a fight with Olivier Martinez at Halle Berry's home Thanksgiving day. HOLLYWOOD - OCTOBER 27: Model Gabriel Aubry arrives at the amfAR Inspiration Gala celebrating men's style with Piaget and DSquared 2 at Chateau Marmont on October 27, 2010 in Los Angeles, California. (Photo by Jason Merritt/Getty Images)

HALLE Berry's ex-boyfriend Gabriel Aubry has won a restraining order against the actress's current partner, following a brawl between the two men on Thanksgiving.

HALLE Berry's ex-boyfriend claims the actress's fiance threatened to kill him during a confrontation that left him with a broken rib, bruised face and under arrest.

Gabriel Aubry's claims are included in court papers that led a judge to grant a restraining order against actor Olivier Martinez, who is engaged to Oscar-winner Berry.

TMZ is reporting that Aubry is expected to go to family court in Los Angeles today to ask a judge to lift the order prohibiting him from seeing his daughter Nahla.

After his arrest last Thursday, a judge issued an emergency protective order blocking Aubry from coming within 100 yards of his daughter, his former partner Halle and her fiance Olivier.

TMZ have reported that lawyers acting for the French Canadian model will claim Olivier instigated the brawl, claiming he beat Aubry badly and allege he repeatedly slammed Aubry’s head on concrete.

Lawyers acting for Halle will oppose her former partner’s motion.

Aubry (37) was arrested on suspicion of misdemeanour battery after his confrontation with Martinez, but the civil court filings he has stated that he was not the aggressor and that he was attacked without provocation.

Martinez told police that Aubry had attacked first.

Aubry's filing claims Martinez threatened him the day before the fight at an event at his daughter's school.

Aubry, a model, has a four-year-old daughter with Berry and the former couple have been engaged in a long custody battle.

The proceedings have been confidential, but Aubry states a major aspect of the case was Berry's wish to move to Paris and take her daughter with her. The request was denied.

Aubry claims Martinez told him: “You cost us three million US dollars”, while he was punched and kicked him in the driveway of Berry's Los Angeles home.

Aubry has a December 13 court date for the possible battery case, which has not yet been filed